Davis v. Fort Bend Indep Sch ( 2000 )

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 00-20050 Summary Calendar __________________ UNA MAE DAVIS, Plaintiff-Appellant, versus FORT BEND INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee. ______________________________________________ Appeal from the United States District Court for the Southern District of Texas (H-99-CV-185) ______________________________________________ July 11, 2000 Before JOLLY, JONES and BENAVIDES, Circuit Judges. PER CURIAM:* Una Mae Davis appeals from an adverse summary judgment dismissing her employment discrimination claims. On appeal, Davis contends that the district court erred in dismissing her race discrimination claim. Specifically, Davis asserts that the summary judgment evidence created a fact issue as to her qualification for the position from which she was terminated. We disagree. Our de * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. novo review of the summary judgment evidence leads us to the inescapable conclusion that the district court correctly determined that Davis did not establish a prima facie case. To the extent that Davis complains of an inadequate time to conduct discovery, such claim has been waived and is not properly before us, inasmuch as Davis did not request additional time for discovery from the district court. The judgment of the district court is affirmed essentially for the reasons set out in the Memorandum and Order of the district court dated December 16, 1999. AFFIRMED 2